KGL INFRASTRUCTURES Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator on behalf of respondent to adjudicate the disputes with respondent. Pertinently, petitioner is a partnership firm and is engaged in the business of construction and undertakes railway contracts.

(2.) According to petitioner, it was awarded work for providing of limited height sub way in place of U/M L-xing no.35 at km. 38/4-4, 37 at km.40/4-5 and 39 at km. 41/5-6 under railway track between KEX-BTU sec. on DSA-SMQL sec. under ADEN/SMQL vide acceptance letter dtd. 30/5/2017 for Rs.4,73,51,203.00 and stipulated date of completion of work was 6 months i.e. 30/11/2017. All arrangements were made for execution of work but due to late sanctioning of block for placing of pre casted RCC boxes, substantial increase in the scope of work, late decisions, increase in cost, non-availability of funds, late sanctioning of Addendum & Corrigendum, the work was extended upto 29/2/2020.

(3.) Thereafter, petitioner reminded the concerned department about the preparation of final bill but it kept on evading on one pretext or the other. Petitioner again made several requests to consider making payments qua the items not paid in the final bill but the same did not fetch any result.